GUWAHATI, India, July 20 -- Gauhati High Court issued the following order on June 30:

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/1296/2026

SRI MUNNA HAZARIKA

S/O DIP HAZARIKA

RESIDENT OF FALFALI

P.O. CHARIALI

DISTRICT BISWANATH

ASSAM

VERSUS

THE STATE OF ASSAM

REP BY THE PP

ASSAM

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Advocate for : MR. B HALDAR

Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 30.06.2026

Heard Mr. B. Haldar, learned counsel appearing for the accused/applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent.

2. This is an application under Section 482 of the BNSS, 2023, praying for granting pre-arrest bail to the accused/applicant in connection with Biswanath Chariali P.S. Case No. 112/2026 under Sections 117(2)/127(4)/351(2)/3(5) of the BNS.

3. An FIR was lodged on 03.06.2026 along with a complaint dated 03.06.2026, submitted by one organization, namely, Anti Drug and Rehabilitation Centre Association (ADRCA) before the District Social Welfare Department, Biswanath, Assam, alleging inter-alia that their association received video footage and information allegedly showing inmates/patients of the Live Well Rehabilitation Centre operating in Biswanath district being subjected to severe physical assault including beating with pipes and other forms of brutal treatment; that such acts of violence and torture have been occurring since the establishment of the said organization; that the videos and complaints indicate that the patients are being physically attacked and subjected to inhuman treatment instead of providing proper care and rehabilitation.

4. In view of the aforesaid complaint dated 03.06.2026, an FIR was lodged before the Senior Superintendent of Police, Biswanath, on 03.06.2026, enclosing the complaint dated 03.06.2026 and the same was subsequently forwarded to Officer-in-Charge, Biswanath Chariali, Police Station. On receipt of the FIR, Biswanath Chariali P.S. Case No. 112/2026 was registered under the aforementioned sections.

5. Mr. B. Haldar, learned counsel appearing for the accused/applicant, submits that the accused/applicant is the Secretary of the Society, which runs the aforesaid Live Well Rehabilitation Centre and he is not involved in such beating of the inmates as have been alleged in the FIR. He submits that since the FIR has been filed and one of the official of the society has been arrested, he is also apprehending arrest in the instant case and therefore, has approached this Court by filing the instant anticipatory bail application. He further submits that the accused/applicant is a law abiding citizen and shall co-operate with the investigation in the instant case.

6. Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent, on the other hand, opposes the prayer for anticipatory bail of the accused/applicant stating that there are sufficient materials available in the case diary about the involvement of the accused/applicant.

7. The case diary in the instant case has been produced and the same is perused by this Court.

8. After hearing the learned counsel for the parties and on perusal of the case diary, this Court is of the considered opinion that the pre-arrest bail should be granted to the accused/applicant at this stage. Accordingly, it is directed that, in the event of the arrest of the accused/applicant by the Investigating Officer in connection with Biswanath Chariali P.S. Case No. 112/2026, he shall be allowed to go on pre-arrest bail on furnishing bail bond of Rs. 50,000/- with surety of the like amount, to the satisfaction of the arresting authority, subject to the following conditions:-

i) The accused/applicant shall appear before the Investigating Authority within a period of 10 (ten) days of passing of this order,

ii) The accused/applicant shall co-operate with the investigation.

iii) The accused/applicant shall appear before the Investigating Authority as and when call for.

iv) The accused/applicant shall not try to hamper or temper with the evidence that may be involved in the instant case.

9. In terms of the aforesaid direction, the instant anticipatory bail application stands disposed of as allowed.

JUDGE

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